Reported in 1965, every time it is played, Aretha Franklin doesnt receive a thing. She would be paid if she were a songwriter. Girl recorded by the temptations, they dont receive a dime of compensation from pandora every time this popular song is played. If youre talking my payment to the record label, that is great. If they are a songwriter they will be paid. A change is going to come, stop in the name of love, the failure to pay recording artists of pre1972 recordings is not a fair business practice, and in the context of the overall discussion, it is a problem that should be voluntarily resolved, but if it is not, congress should act. Let me turn to sirius xm. I believe you do not pay performers you are in litigation, i trying ton california prevent litigation under california state law, right . There is no Public Performance under state law either. I believe that you stated your company granting a pre1972 Public Performance right would produce a pure windfall to recording artists without any comments or benefit to the public. That was under your filing, right . Way that the copy is written under california state law, that statement is true. A windfall is a sudden gain or damage compensating artists for their create city, even if it was recorded prior to 1972. That is not a windfall. That is the american way. I yield back. The distinguished german from rhode island is recognized. Thank you, chairman. Thank you to the witnesses. I am proud to come from the state of rhode island, the birthplace of the creator for the National Endowment for the arts, senator claiborne pell, who reminded us the strength of our nation was not just the strength of our military or economic resources, but our ability to honor the creative artists and culture of this country and protecting the work of artists is an important the work of our artists is protectingspect of democracy. You said i believe everyone should be paid. Created aecause they product and are entitled to be compensated for it and that applies to creators before 1972 1972 based on the value of what they have created. I am not a copyright lawyer. I am just a History History major. It does not make a lot of sense to me that the distinctions between preand post1972 artists were ever made. Let me finish, congressman. When they grant this performance right, that they did not give it to pre1972 artists makes no sense to me. You agree not only should all of that production be compensated, but it should be done in a fair amount driven by the market . Yes, i agree it has to be a working, competitive market. Mr. Harrison, you spoke of the value pandora revives for hundreds of millions of americans. That would you agree there is some danger that if that product is provided without compensation, the berry product you sell could be in peril . I dont think i understand your a product that at least part of your inventory, eugene not compensate the artists for. To sound are referring recordings before 1972 the example ms. Cash used, rerecording her fathers song would be compensated, but someone playing the original recording would not be required to compensate her. Does that strike you to the nonsensical, not good Public Policy echo i am actually a copyright lawyer. Copyright makes these distinctions all the time. A song written in 1920 is part of the Public Domain and not compensated. Yet if a modernday recording artist were to record the song, that recording artist would receive a royalty. Having said that, pandora would be in favor of following the copyright offices recommendations to allow the consumers to benefit rum things like fair use, to from things like fair use, to allow artists to transfer. I understand the argument, sir, but if congress decides to federalize re1972, we would be happy to pay. Does anyone think that this distinction of pre1972 makes any sense . The distinction ought to be a raced. There are complications in terms we agree theit, distinction ought to be erased. There are complications in terms of how to do it. Meanwhile, this legislation, which deals with legacy artist who need money now there is no reason that action could not be taken on that immediately while we figure out federalization. Christian, you argued that this model should continue with free use of music, a. M. And fm it is a curious argument anotheri cant think of context where the creative result of a musician or artist should whole scale be appropriated, used to build up a business and generate revenues without any compensation. I am wondering what you do not think the marketplace assuming there is some value to to promotion, which i will concede, that the artists can understand what the value of that is and negotiate a price that makes sense for you as the consumer of that music and the creator and artist who created it. Why would the marketplace not provide the context for a Fair Exchange of that . Why would we ever permit this practice to continue where that asset created, that creative product is just used for the Revenue Generation of a private enterprise at the expense of the people who created the product . Pre1972 . Saying yes. That does not apply to the radio industry. We do provide royalties for authors and publishers from that era referring to those post1972. Oh. Our product is free. For instance, we cannot charge for our product. Please understand that. We provide a free product to listeners across the United States. Hundreds of millions of people. Thet of this is up on advertising, but there is promotion i understand. Hascognize your product promotional value. But why is it not in the context of a free market an association between the artist and you as the broadcaster, this has value, and this is the value for you because of helps to generate revenue for your company. Why would the result of that not be a fair price where the artist is compensated and you make money . Time isentlemans expired. You will be brief, mr. Christian. I would be glad to deal with you directly on that. Thank you. The gentlewoman from texas, Sheila Jackson lee. Thank you, mr. Chairman. I am excited to see so many of you i have been happy to work with. I want to call the roll. This cash, thank you for the work of your father. Thank you, mr. Christian, Paul Williamson died we have seen each other so much. Thank you for your work, what you do for children, teaching children about music. Chris harrison i believe your name is did i add a te on it i should not have . That is perfect. Let me just say i think it would be appropriate if we have a hearing on the directvat t merger. To the witnesses, my delay was provoked by the fact that this is a Year Anniversary of the shelby case, the United States case that, in my opinion, dismantled the Voting Rights in the United States. There is a hearing, and i would almost say that many of the ist that you represent were affected by that. I apologize for my delay. That is one of the reasons that i dashed in here. I have made it clear i think we have an issue that should all, andinterest of the recognition of the talent of the artists, but also to understand i have tried to take some time to understand the theings of radio and expense they incur. So, i am prepared to be in this fight for the way forward. I will post my questions in that context. Mr. Warfield and the representative from pandora deal foundl, the xm in its construct the pay structure for the pre1972 artists. I would just say listening to be radio before coming here, i heard diana ross. I think she has some music pre1972. I was going to use it in one of the venues in this area. Apparently they said something about national tour, and apparently they felt very confident it would be standing room only. These artists are still attractive, ringing in crowds. We still love their music. I would appreciate it. We have not taken a position. N the pre1972 what i would say, our members who are participating, i would argue most of them who are paying those fees in the digital arena, they are now looking for ways to avoid that. We have concerns whether there may be unintended consequences as a result of it. We are studying that issue, but we have not taken a position to oppose the bill. Great. Would you continue to study it for me, because i think your insight will be important to a lot of the members . Yes, maam. Your opinion . We would support the position of the u. S. Copyright office, which would suggest full federalization, which would mean not only do consumers get the benefit of the copyright law for example, the right of fair will also the artists get the right to terminate their transfers under section three. You just answered a door with respect to how we construct what would be most effective. With the time i have if we approach this from a conference of perspective, i would like anyone who would rest their button and tell us what would you have in a comprehensive approach that would past the house, pass the senate, get signed iv president , which is what i would like to see happen, and not go another decade without a response. I am looking at mr. Williams. What would be good if we looked at the whole picture said we want to answer everyones concerns . What would be good to have in a comprehensive bill . First of all we have to work together. We create a product you deliver. We are a turn really grateful. Thank you for your service. What you did this morning was incredibly important as well. I am 73 years old. We operate under a consent agreement that is about a year younger than me. While almost everything on the 73yearold body works for the good, there are elements of the consent agreement that need to be deal with. They simply do not work well. We have no right of refusal. Someone can begin using our music immediately, before they have even told us how they are going to use the music. An appropriate bill, this is what your rate is going to be, we need to have that information. At the consent aspectsent agree has that could be changed. The doj is going to be incredibly important. We need a faster, cheaper rate setting process. Arbitration would be so much simpler. It would be a huge part of that. To allow our members right now we are existing under and all in or all out rule that has been imposed on us. So, the publishers who want to go directly and license certain rights it is a right i believe they should have i am not allowed to have that. Beat gentleladys time has expired. Thank you. The gentleladys time has expired. Thank you. I would appreciate if i could hear some of the comments and riding back to the committee in writing back to the committee. I think the gentleman, the ranking member, and i yield back. You are indeed welcome. We have been here for almost three hours. By the way, the group must be cleared by 2 00 because of a scheduled hearing. Todays hearing has been concluded. Thanks to all for attending. Without objection all members will have five days for material for the record. This hearing stands adjourned. Good to see you. [captioning performed by national captioning institute] [captions Copyright National cable satellite corp. 2014] tomorrow on washington reporters roundtable on the news of the week with paul waldman and michael laurent. A discussion on the Supreme Court ruling on president ial recess apartments with chris edelson, the author of president ial all as c and to be rule of law president ial policy and the rule of law. On why so manyn unaccompanied minors are crossing the border into the u. S. As always we will be taking your calls and you can join the conversation on face and twitter. Eastern herea. M. On cspan. Tv set down with Hillary Clinton in little rock to discuss her newest book hard choices. I learned before but certainly as secretary of unexpected. Ect the nobody expected the socalled arab spring until it was upon us. We have to learn to be agile and whilefor the unexpected, we try to build the world we want, especially for our children and now my future grandchild. We have got to be aware of the fact that all these other countries, all these billions of people, they are making hard choices every single day. We have to be ready for that. Because i am absolutely convinced we have to continue to lead the world into the kind of future we want. We cant sit on the sidelines. We cant retreat. Were going to have setbacks. We are going to have disappointments. But over time, our story has become the dominant story. The hopes and aspirations of people everywhere. That is what i want americans to understand. And the main reason about why i wrote this book i know there is a big debate going on about our role in the world, and there are some real unfortunate consequences still to deal with from prior decisions and the like. Abdicate our responsibility. How we decided, how we execute it will be the stuff of political debate. But the world needs us. World, matters to the and yes, the world matters to america for our prosperity and our security and our democracy. Hillary clinton spoke with us about her decisionmaking process, the perceptions of the United States around the globe, and decision she had to make as secretary of state. On full interview airs at 7 00 pmuly 5 eastern and sunday, july 6 at 9 15 a. M. Eastern. Theow you can listen to see cspan radio wherever you are. Every day listen to a recap of the days events on washington today. Cspan radio on audio now. 8888. 02626 longdistance or phone charges may apply. Address, weekly radio the president spoke about middleclass americans. Republican bill cassidy from louisiana gave the republican response. He criticized democrats for blocking the keystone xl pipeline project and emphasized its importance in creating jobs in america. Hi, everybody. This week, i spent a couple days in minneapolis, talking with people about their lives, their concerns, their successes, and their hopes for the future. I went because of a letter i received from a working mother named rebekah, who shared with me the hardships her young family has faced since the financial crisis. She and her husband ben were just newlyweds expecting their first child, jack, when the housing crash dried up his contracting business. He took what jobs he could, and rebekah took out Student Loans and retrained for a new career. They sacrificed for their kids, and for each other. And five years later, theyve paid off debt, bought their first home, and had their second son, henry. In her letter to me, she wrote, we are a strong, tightknit family who has made it through some very, very hard times. And in many ways, thats americas story these past five years. We are a strong, tightknit family thats made it through some very tough times. Today, over the past 51 months, our businesses have created 9. 4 million new jobs. By measure after measure, our economy is doing better than it was five years ago. But as rebekah also wrote in her letter, there are still too many middleclass families like hers who do everything right, who work hard and who sacrifice, but cant seem to get ahead. It feels like the odds are stacked against them. And with just a small change in our priorities, we could fix that. The problem is, republicans in Congress Keep blocking or voting down almost every serious idea to strengthen the middle class. This year alone, theyve said no to raising the minimum wage, no to fair pay, no to student loan reform, no to extending unemployment insurance. And rather than invest in education that helps working families get ahead, they actually voted to give another massive tax cut to the wealthiest americans. This obstruction keeps the system rigged for those at the top, and rigged against the middle class. And as long as they insist on doing it, ill keep taking actions on my own, like the actions ive taken already to attract new jobs, lift workers wages, and help students pay off their loans. Ill do my job. And if it makes republicans in congress mad that im trying to help people out, they can join me, and well do it together. The point is, we could do so much more as a country as a as a strong, tightknit family if republicans in congress were less interested in stacking the deck for those at the top, or obstructing me, and more interested in growing the economy for everybody. So rather than more tax breaks for millionaires, lets give more tax breaks to help working families pay for child care or college. Rather than protect tax loopholes that let big corporations set up tax shelters overseas, lets put people to work rebuilding roads and bridges right here in america. Rather than stack the decks in favor of those whove already succeeded, lets realize that we are stronger as a nation when we offer a fair shot to every american. Im going to spend some time talking about these very choices in the week ahead. In the weeks ahead. Thats because we know from our history that our economy doesnt grow from the topdown, it grows from the middleout. We do better when the middle class does better. Thats the american way. Thats what i believe in. And thats what ill keep fighting for. Have a great fourth of july, everybody. And good luck to team usa down in brazil. Hello. Im bill cassidy, louisiana congressman and also adopt her. I have worked for 25 years caring for the uninsured, which i still do. Patients know i am a congressman. Often they would rather talk about problems in washington m problem with her out problems with their health. I say, time out. Lets talk about you. But they are concerned with ignored. Nse solutions they have trouble paying bills, losingfor gas, some their homes. I agree we can do better. The declaration of independence speaks of our right to pursue happiness. The American Dream for us, our children, our grandchildren. My dad is an example. He never went to college. He worked hard to sell insurance. My dads dream was for is children to have a better life. He is so proud that his son is a congressman who happens to be running for the United States senate. I wish my dad could see his dream fulfilled. We have dreams. Fulfilling dreams begins with opportunity. Republicans believe there could be greater opportunity. Working americans have employed iny been energy, manufacturing, and construction. Energy against it all. For example, Gas Production creates energy jobs, which in draws manufacturing jobs. For example producing steel. Steel used for things such as building pipelines. Because there is so much natural gas in america, our energy costs less, and Lower Energy Costs encourage many factors to build factories here. Not in india or china. Americas natural the sources energy,ood paying manufacturing, and construction jobs for us. It doesnt stop there. As a congressman, once i visited a technical college. Doctor, a man appeared to have emphysema. He was driving a truck despite lung problems. To an Energy Producing town, earn 50,000 a year, plus benefits. He had a choice disability or start a new career. He had the opportunity to start a new career. You have your own dreams. Sense solutions to provide you opportunity. Xl pipeline,tone the state Department Says building this pipeline creates 42,000 direct and indirect jobs, has a measurable impact on the environment, and saves lives as there are fewer accidents shipping oil by pipeline instead of rail or truck. Unfortunately, president obama continues to oppose job creating projects such as the keys to him. Sadly, democrats in washington stand with president obama rather than standing with hardworking families in louisiana and elsewhere. They would rather your family offend their political base. President obama and his allies, Like Senate Majority leader harry reid, or more interested in rolling out the red tape than the red carpet for these jobs. Together, we must stop harry reid and the senators who support him from blocking the keystone axle pipeline, blocking the jobs, the opportunity it creates. It is time to retire harry reid s the leader of the senate. When i listen to you, you tell me you are sick of partisan fights. You want your concerns addressed. You want commonsense solutions. It is all of our responsibility to make sure this happens. Get washington out of the way so you can provide for yourself and your family so you can pursue your American Dream. Thank you. God bless the United States and god bless the great state of louisiana. Homeland security secretary jeh johnson testified before the House Homeland Security committee about the governments response to unaccompanied theant children crossing u. S. Mexican border. You can watch that sunday at 12 25 p. M. Sunday. And the congressional Gold Medal Ceremony for israeli president shimon peres. P. M. An watch that at 9 35 eastern here on cspan. Author Daniel Shulman on the koch brothers, their rise to theircal power, and decades long there was bill and frederick and other shareholders of coke industries. Of this culminates in a boardroom showdown charles ends fording. S bill and others were essentially trying to expand the board. This would have ended up deposing charles is chairman. They wouldve taken a greater role in the direction of the company. The end result is bill is tossed out of the company. By his brothers. By his brothers. And there is a really dramatic moment in the book where, you know, the board has to sit down and decide bills fate. Wichita author Daniel Shulman sunday night on q and a. Communicatorshe with gordon smith, talking about the future of television. Then Supreme Court oral argument in a case dealing with streaming video and copyright law. Then the communist party usa convention in chicago. Cspan created by americas Cable Companies 35 years ago and brought to you as a Public Service by your local cable or satellite provider. National association of broadcasters president and ceo warns smith is our guest this week on the communicators. The aereo decision came down from the Supreme Court. What is your reaction . I am smiling, peter. I am gratified that the Supreme Court stood by a principle that is as old as the constitution, which is the copyright material who ownlue and those the copyrights should be free to negotiate for its value. Down on the came right side of law and history. Breyers opinion, he compared aereo quite a bit to a cable company. Is that a Fair Assessment in your vie